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49 U.S.C. § 44709 — Amendments, modifications, suspensions, and revocations of certificates

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44709 — Amendments, modifications, suspensions, and revocations of certificates

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Stable record: federal_law:legal_authorities:record_usc_897d37b7172afd9cceb3b3d2
Source file: Laws/federal/codes/united-states-code/title-49/section-44709-amendments-modifications-suspensions-and-revocations-of-certificates--0f6fadd256.md
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Source location: Title 49, Chapter 447, § 44709; chapter-447-safety-regulation.md

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**(a) Reinspection and Reexamination.—** (1) **In general.—** — The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under [section 44703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim). (2) **Notification of reexamination of airman.—** — Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman— (A) a reasonable basis, described in detail, for requesting the reexamination; and (B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification. **(b) Actions of the Administrator.—** The Administrator may issue an order amending, modifying, suspending, or revoking— (1) any part of a certificate issued under this chapter if— (A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or (B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under [section 44715(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715/a&num=0&edition=prelim); and (2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 ([16 U.S.C. 742j–1(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section742j–1/a&num=0&edition=prelim)). **(c) Advice to Certificate Holders and Opportunity To Answer.—** Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges or other reasons on which the Administrator relies for the proposed action. Except in an emergency, the Administrator shall provide the holder an opportunity to answer the charges and be heard why the certificate should not be amended, modified, suspended, or revoked. **(d) Appeals.—** (1) A person adversely affected by an order of the Administrator under this section may appeal the order to the National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the order when the Board finds— (A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or (B) if the order was issued under subsection (b)(1)(B) of this section— (i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or (ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation. (2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty. (3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator. **(e) Effectiveness of Orders Pending Appeal.—** (1) **In general.—** — When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed. (2) **Exception.—** — Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately. (3) **Review of emergency order.—** — A person affected by the immediate effectiveness of the Administrator’s order under paragraph (2) may petition for a review by the Board, under procedures promulgated by the Board, of the Administrator’s determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed. (4) **Final disposition.—** — The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal is filed. **(f) Judicial Review.—** A person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim). The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46110 — Judicial review

**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. **(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44703 — Airman certificates

**(a) General.—** The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position to be authorized by the certificate. **(b) Contents.—** (1) An airman certificate shall— (A) be numbered and recorded by the Administrator of the Federal Aviation Administration; (B) contain the name, address, and description of the individual to whom the certificate is issued; (C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms on the duration of the certificate, periodic or special examinations, and tests of physical fitness; (D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and (E) designate the class the certificate covers. (2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation “airline transport pilot” of the appropriate class. **(c) Public Information.—** (1) **In general.—** — Subject to paragraph (2) and notwithstanding any other provision of law, the information contained in the records of contents of any airman certificate issued under this section that is limited to an airman’s name, address, and ratings held shall be made available to the public after the 120th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century. (2) **Opportunity to withhold information.—** — Before making any information concerning an airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 742j — Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 742j — Authorization of appropriations

Page 1311 TITLE 16—CONSERVATION § 742j–1 section 1364 of title 19, or when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is authorized to make a re- port to such Commission, concerning the fol- lowing matters with respect to any fishery prod- uct which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product— (1) whether there has been a downward trend in the production, employment in the produc- tion, or prices, or a decline in the sales, of the like or directly competitive product by the do- mestic industry; and (2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry. (Aug. 8, 1956, ch. 1036, § 9, 70 Stat. 1123; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 96–470, title I, § 103(a), Oct. 19, 1980, 94 Stat. 2237.) Editorial Notes REFERENCES IN TEXT Section 1364 of title 19, referred to in subsec. (b), was repealed by Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882. AMENDMENTS 1980—Subsec. (a). Pub. L. 96–470 struck out subsec. (a) which required Secretary of the Interior to make an annual report to Congress with respect to activities of United States Fish and Wildlife Service under this Act, accompanied by appropriate legislative recommenda- tions. 1975—Subsec. (b). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secr

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 742j

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44709 — Amendments, modifications, suspensions,

Page 1342 TITLE 49—TRANSPORTATION § 44708 (2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of the individ- uals doing the work or giving instruction in the work. (3) other air agencies the Administrator de- cides are necessary in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44707 .......... 49 App.:1427 (1st sen- tence). Aug. 23, 1958, Pub. L. 85–726, § 607 (1st sentence), 72 Stat. 779. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. In this section, the word ‘‘Administrator’’ in section 607 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on author- ity of 49:106(g). In clauses (1) and (2), the word ‘‘over- haul’’ is omitted as surplus. In clause (1), the words ‘‘course of’’ are omitted as surplus. In clause (3), the words ‘‘in his opinion’’ are omitted as surplus. Statutory Notes and Related Subsidiaries AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL Pub. L. 106–181, title VII, § 734, Apr. 5, 2000, 114 Stat. 170, provided that: ‘‘(a) ESTABLISHMENT OF PANEL.—The Administrator [of the Federal Aviation Administration]— ‘‘(1) shall establish an aircraft repair and mainte- nance advisory panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities (in this section re- ferred to as ‘aircraft repair facilities’) located wit

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44709

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